(-,  ^yj   T  °"'*^  University   Libraries 

J  New  constitutio 

'P^  Conf  Pam  #555 


BY  THE  GOVERNOR  OF  VIRGINIA. 


A  PROCLAMATION. 


Whereas  the  Convention  of  this  Commonwealth,  on  the  5th  day 
of  December  1861,  adopted  a  Constitution  for  the  State  of  Virginia, 
to  which  is  prefixed  a  Declaration  of  Rights,  and  on  the  sixtli  day  of 
the  same  month  a  Schedule,  which  is  annexed  thereto,  and  in  said 
Schedule  the  Governor  is  required  to  announce  the  fact  and  publish 
the  same : 

Now,  therefore,  I,  John  Letcher,  Governor  of  the  Common^ 
wealth  of  Virginia,  do  hereby  proclaim  the  following  to  be  a  true 
copy  of  the  said  Declaration  of  Rights,  Couatitution  and  Schedule, 
to  be  submitted  to  the  qualified  voters  for  ratification  or  rejection,  as 
prescribed  therein. 

Given  under  my  hand  as  GovernorJ  and  under  the  Seal  of 
the  Commonwealth,  at  Richmond,  this  12th  day  of  Decem- 
ber 1861,  and  in  the  eighty-sixth  yearjof  the  Commonwealth. 

JOHN  LETCHER. 

By  the  Governor : 

George  W.  Munford, 

Secretary  of  the  Commonwealth. 


COLlEcr. 


lOH 


NEW 


CONSTITUTION  OF  VIRGINIA, 


PROPOSED    FOR    ADOPTION, 


BY  THE  CONVENTION. 


xe3i. 


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'"'''^'^^cou^crio, 


jr.  r\ 


A  DECLARATION  OF  RIGHTS 


^^ 


Made  by  the  representatives  of  the  good  people  of  Virginia,  assembled  in 
full  and  free  convention,  which  rights  do  pertain  to  them  and  their  pos- 
terity as  the  ba^is  and  foundation  of  goveiTiment. 


1.  That  all  men  are  by  nature  equally  free  and  independent,  and 
have  certain  inherent  rights,  of  which,  when  they  enter  into  a  state 
of  society,  they  cannot,  by  any  compact,  deprive  or  divest  their  pos- 
terity ;  namely,  the  enjoyment  of  life  and  liberty,  with  the  means  oi' 
acquiring  and  possessing  property,  and  pursuing  and  obtaining  hap- 
piness and  safety. 

2.  That  all  power  is  vested  in,  and  consequently  derived  from,  the 
people ;  that  magistrates  are  their  trustees  and  servants,  and  at  all 
times  amenable  to  them. 

8.  That  government  is,  or  ought  to  be,  instituted  for  the  common 
benefit,  protection  and  security  of  the  people,  nation  or  community; 
of  all  the  various  modes  and  forms  of  government,  that  is  best  which 
is  capable  of  producing  the  greatest  degree  of  happiness  and  safety, 
and  is  most  effectually  secured  against  the  danger  of  mal-administra- 
tion ;  and  that,  when  any  government  shall  be  found  inadequate  or 
contrary  to  these  purposes,  a  majority  of  the  community  hath  an  in- 
dubitable, unalienable  and  indefeasible  right  to  reform,  alter  or  abo- 
lish it,  in  such  manner  as  shall  be  judged  most  conducive  to  the 
public  weal. 

4.  That  no  man,  or  set  of  men  are  entitled  to  exclusive  or  sepa- 
rate emoluments  or  privileges  from  the  community,  but  in  considera- 
tion of  public  services,  which,  not  being  descendible,  neither  ought 
the  offices  of  magistrate,  legislator  or  judge  to  be  hereditary. 

5.  That  the  legislative  and  executive  powers  of  the  state  should 
be  separate  and  distinct  from  the  judiciary,  and  that  the  members  of 
the  two  first  may  be  restrained  from  oppression,  by  feeling  and  par- 
ticipating the  burthens  of  the  people,  they  should,  at  fixed  periods, 


be  reduced  to  a  private  station,  return  into  that  body  from  which 
they  were  originally  taken,  and  the  vacancies  be  supplied  by  fre- 
quent, certain  and  regular  elections,  in  which  all,  or  any  part  of  the 
former  members  to  be  again  eligible  or  ineligible  as  the  laws  shall 
direct. 

6.  That  elections  of  members  to  serve  as  representatives  of  the 
people  in  assembly  ought  to  be  free,  and  that  all  men  having  suffi- 
cient evidence  of  permanent  common  interest  with,  and  attachment 
to,  the  community,  have  a  right  of  suffi'age,  and  cannot  be  taxed  or 
deprived  of  their  property  for  public  uses,  without  their  own  con- 
sent, or  that  of  their  representatives  so  elected,  nor  bound  by  any 
law  to  which  they  have  not  in  like  manner  assented,  for  the  public 
good. 

7.  That  all  power  of  suspending  laws,  or  the  execution  of  laws, 
by  any  authority,  without  consent  of  the  representatives  of  the  peo- 
ple, is  injurious  to  their  rights,  and  ought  not  to  be  exercised. 

8.  That  in  all  capital  or  criminal  prosecutions,  a  man  hath  a  right 
to  demand  the  cause  and  nature  of  his  accusation,  to  be  confronted 
with  the  accusers  and  witnesses,  to  call  for  evidence  in  his  favor,  and 
to  a  speedy  trial  by  an  impartial  jury  of  his  vicinage,  without  whose 
unanimous  consent  he  cannot  be  found  guilty ;  nor  can  he  be  com- 
pelled to  give  evidence  against  himself;  that  no  man  be  deprived  of 
his  liberty,  except  by  the  law  of  the  land  or  the  judgment  of  his 
peers. 

9.  That  excessive  bail  ought  not  to  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishment  inflicted. 

10.  That  general  warrants,  whereby  an  officer  or  messenger  may 
be  commanded  to  search  suspected  places  without  evidence  of  a  fact 
committed,  or  to  seize  any  person  or  persons  not  named,  or  whose 
offence  is  not  particularly  described  and  supported  by  evidence,  are 
grievous  and  oppressive,  and  ought  not  to  be  granted. 

11.  That  in  controversies  respecting  property,  and  in  suits  be- 
tween man  and  man,  the  ancient  trial  by  jury  is  preferable  to  any 
other,  and  ought  to  be  held  sacred. 

12.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks 
of  liberty,  and  can  never  be  restrained  but  by  despotic  governments. 


13.  That  a  well  regulated  militia,  composed  of  the  body  of  the 
people,  trained  to  arms,  is  the  proper,  natural  and  safe  defence  of  a 
free  state ;  that  standing  armies,  in  time  of  peace,  should  be  avoided 
as  dangerous  to  liberty ;  and  that  in  all  cases  the  military  should  be 
under  strict  subordination  to,  and  governed  by,  the  civil  power. 

14.  That  the  people  have  a  right  to  uniform  government ;  and 
therefore,  that  no  government  separate  from,  or  independent  of,  the 
government  of  Virginia,  ought  to  be  erected  or  established  within 
the  limits  thereof. 

15.  That  no  free  government  or  the  blessings  of  liberty,  can  be 
preserved  to  any  people  but  by  a  firm  adherence  to  justice,  modera- 
tion, temperance,  frugality  and  virtue,  and  by  frequent  recurrence  to 
fundamental  principles. 

16.  That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and 
the  manner  of  discharging  it,  can  be  directed  only  by  reason  and  con- 
viction, not  by  force  or  violence ;  and  therefore  all  men  are  equally 
entitled  to  the  free  exercise  of  religion,  according  to  the  dictates  of 
conscience;  and  that  it  is  the  mutual  duty  of  all  to  practice  christian 
forbearance,  love  and  charity  towards  each  other. 


lL-2.9  <  A^i 


I 


CONSTITUTION. 


1.  "V\nieroas,  the  delegates  and  representatives  of  the  good  people 
of  Virginia,  in  convention  assembled,  on  tlie  twenty-ninth  day  of 
June,  in  the  year  of  onr  Lord  one  thousand  seven  hnndred  and 
seventy-six — reciting  and  declaring,  that  whereas,  George  the  Third, 
king  of  Great  Britain  and  Ireland,  and  elector  of  Hanover,  before 
that  tune  entrusted  with  the  exercise  of  the  kingly  office  in  the 
government  of  Virginia,  had  endeavored  to  pervert  the  same  into  a 
detestable  and  insupportal)le  tyrann3\  by  putting  his  negative  on  laws 
the  most  wholesome  and  necessary  for  the  public  good  ;  by  denying 
his  governors  permission  to  pass  laws  of  innnediate  and  pressing  im- 
poi^tance,  unless  suspended  in  their  operation  for  his  assent,  and  when 
so  suspended,  neglecting  to  attend  to  them  for  many  years ;  by  re- 
fusing to  pass  certain  other  laws,  unless  the  persons  to  be  benefitted 
by  them  would  relinquish  the  inestimable  right  of  representation  in 
the  legislature ;  by  dissolving  legislative  assemblies  repeatedly  and 
continually,  for  opposing,  with  manly  firmness,  his  invasions  of  the 
rights  of  the  people ;  when  dissolved,  by  refusing  to  call  others  for  a 
lon<>-  space  of  time,  thereby  leaving  the  political  system  without  any 
legislative  head;  by  endeavoring  to  prevent  the  population  of  our 
country,  and  for  that  purpose  obstructing  the  laws  for  the  naturali- 
zation of  foreigners ;  by  keeping  among  us,  in  time  of  peace,  stand- 
ing armies  and  ships  of  war;  by  afiecting  to  render  the  military  in- 
depeu<lent  of  and  superior  to  the  civil  power;  by  combining  with 
others  to  subject  us  to  a  foreign  jurisdiction,  giving  his  assent  to 
their  pretended  acts  of  legislation  ;  for  quartering  large  bodies  of 
armed  troops  among  us ;  for  cutting  off  our  trade  with  all  parts  of 
th(;  w'orld ;  tor  imposing  taxes  on  us  without  our  consent ;  for  de- 
priving us  of  the  benefits  of  the  trial  by  jury;  for  transporting  us 
beyond  seas  to  be  tried  for  pretended  offences ;  for  suspending  our 
own  legislatures,  and  declaring  themselves  invested  with  power 
to  legislate  for  us  in  all  cases  whatsoever ;  by  plundering  our  seas, 
ravaging  our  coasts,  burning  our  towns  and  destroying  the  lives  of 
2 


10 

i 
our  people  ;  by  inciting  insurrections  of  our  fellow-subjects  with  the 

allurements  of  forfeiture  and  confiscation ;  by  prompting  our  negroes 
to  rise  in  arms  among  us — those  very  negroes,  whom,  by  an  inhuman 
use  of  his  negative,  he  had  refused  us  permission  to  exclude  by  law ; 
by  en^avoring  to  bring  on  the  inhabitants  of  our  frontiers  the  mer- 
ciless Indian  savages,  whose  known  rule  of  warfare  is  an  undistin- 
guished destruction  of  all  ages,  sexes  and  conditions  of  existence ; 
by  transporting  hither  a  large  army  of  foreign  mercenaries  to  com- 
jjlete  the  work  of  death,  desolation  and  tyranny,  then  already  begun, 
with  circumstances  of  cruelty  and  perfidy  unworthy  the  head  of  a 
civilized  nation  ;  by  answering  our  repeated  petitions  for  redress  with 
a  repetition  of  injuries;  and,  finally,  by  abandoning  the  helm  of 
government  and  declaring  us  out  of  his  allegiance  and  protection; 
by  which  several  acts  of  misrule,  the  government  of  this  country,  as 
before  exercised  under  the  crown  of  Great  Britain,  was  totally  dis- 
solved— did,  therefore,  having  maturely  considered  the  premises,  and 
viewing  with  great  concern  the  deplorable  condition  to  which  this 
once  happy  country  would  be  reduced,  unless  some  regular,  adequate 
mode  of  civil  polity  should  be  speedily  adopted,  and  in  compliance 
with  the  recommendation  of  the  general  congress,  ordain  and  declare 
a  form  of  government  of  Virginia: 

2.  And  whereas,  a  convention,  held  on  the  first  Monday  in  Octo- 
ber, in  the  year  one  thousand  eight  hundred  and  twenty-nine,  did 
propose  to  the  people  of  the  commonwealth  an  amended  constitution 
or  form  of  government,  which  was  ratified  by  them  : 

3.  And  whereas,  a  convention,  held  on  the  first  day  of  August, 
1851,  did  propose  to  the  people  of  the  commonwealth  an  amended 
constitution,  which  was  ratified  by  them  : 

4.  And  whereas,  the  general  assembly  of  Virginia,  by  an  act 
passed  January  14th,  1861,  did  provide  for  the  election  by  the  peo- 
ple, of  delegates  to  meet  in  general  convention  to  consider  the  pro- 
priety, among  other  things,  of  changing  the  organic  law  of, the 
state,  and  of  submitting  the  same  to  the  people  for  ratification  or 
rejection : 

5.  We,  therefore,  the  delegates  of  the  good  people  of  Virginia, 
elected  and  in  convention  assembled,  in  pursuance  of  said  act,  do 
propose  to  the  people  the  following  constitution  and  form  of  govern- 
ment for  this  commonwealth : 


11 

ARTICLE  I. 

BILL    OF   RIGHTS. 

The  declaration  of  rights,  as  amended  and  prefixed  to  this  consti- 
tution, shall  have  the  same  relation  thereto  as  it  had  to  the  former 
constitution. 

ARTICLE  11. 

DIVISION   OF   POWERS. 

The  legislative,  executive  and  judiciary  departments  shall  be  sepa- 
rate and  distinct,  so  that  neither  exercise  the  powers  properly  belong- 
ing to  either  of  the  others  ;  nor  shall  any  person  exercise  the  powers 
of  more  than  one  of  them  at  the  same  time,  except  that  justices  of 
the  peace  shall  be  eligible  to  either  house  of  assembly. 

ARTICLE  in. 

QUALIFICATION    OF   VOTERS. 

1.  Every  white  male  citizen  of  the  commonwealth  of  the  age  of 
twenty-one  years,  who  has  been  a  resident  of  the  state  for  two  years, 
and  of  the  county,  city  or  town  where  he  ofters  to  vote,  for  twelve 
months  next  preceding  an  election,  and  no  other  person,  shall  be 
qualified  to  vote  for  members  of  the  general  assembly  and  all  officers 
elective  by  the  people;  but  no  person  in  the  military,  naval /)r  ma- 
rine service  of  the  Confederate  States  shall  be  deemed  a  resident  of 
this  state  by  reason  of  being  stationed  therein;  and  no  person  shall 
have  the  right  to  vote  who  is  of  unsound  mind,  or  a  pauper,  or  a 
non-commissioned  officer,  soldier,  seaman  or  marine  in  the  regular 
army  or  navy  of  the  Confederate  States,  or  who  has  been  convicted 
of  bribery  in  an  election,  or  of  any  infamous  oftence. 

2.  The  general  assembhs  at  its  first  session  after  the  adoption  of 
this  constitution,  and  afterwards  as  occasion  may  require,  shall  cause 
every  city  or  town,  the  white  population  of  which  exceeds  five  thou- 
sand, to  be  laid  off  into  convenient  wards,  and  a  separate  place  of 
voting  to  be  established  in  each,  and  thereafter  no  inhabitant  of  such 
city  or  town  shall  be  allow(!d  to  vote  except  in  the  ward  in  which  he 
resides. 

3.  No  voter,  during  the  time  for  holding  any  election  at  which  he 


12 

is  entitled  to  vote,  shall  be  compelled  to  perform  military  service, 
except  in  time  of  war  or  public  danger;  to  work  upon  the  public 
roads,  or  to  attend  any  court  as  suitor,  juror  or  witness ;  and  no  voter 
shall  be  subject  to  arrest  under  any  civil  process  during  his  attend- 
ance at  elections,  or  in  going  to  or  returning  from  them. 

4.  In  all  elections  votes  shall  be  given  openly  or  viva  voce,  and  not 
by  ballot;  but  dumb  persons  entitled  to  suffrage  may  vote  by  ballot. 

ARTICLE  IV. 

LEGISLATIVE    DEPARTMENT. 

1.  The  legislature  shall  be  formed  of  two  distinct  branches,  which 
together  shall  be  a  complete  legislature,  and  shall  be  called  the  gene- 
ral assembly  of  Virginia. 

Home  of  delegates. 

2.  One  of  these  shall  be  called  the  house  of  delegates,  and  shall 
consist  of  one  hundred  and  fifty-two  members,  to  be  chosen  annually 
for  and  by  the  several  counties,  cities  and  towns  of  the  common- 
wealth, the  distribution  and  apportionment  whereof  shall  remain  as 
now  provided  by  law  until  a  reapportionment  of  the  same  shall  be 
made  by  the  general  assembly,  as  hereinafter  provided.  The  general 
assembly  shall  have  power,  upon  application  of  a  majority  of  the 
voters  ,of  the  county  of  Campbell,  to  provide  that  instead  of  the  two 
delegates  to  be  elected  by  said  county,  the  town  of  Lynchburg  shall 
elect  one  delegate,  and  the  residue  of  the  county  of  Campbell  shall 
elect  one  delegate.  And  the  said  general  assembly  shall  have  like 
power  on  the  application  of  a  majority  of  the  voters  of  the  county 
of  Norfolk,  to  provide  that  instead  of  two  delegates  to  be  elected  by 
said  county,  the  city  of  Portsmouth  shall  elect  one  delegate  and  the 
residue  of  the  county  shall  elect  one  delegate. 

Senate. 

3.  The  other  shall  be  called  the  senate,  and  consist  of  fifty  mem- 
bers, for  the  election  of  whom,  the  counties,  cities  and  towns  shall 
be  divided  into  fifty  districts.  Each  county,  city  and  town  of  the 
respective  districts,  at  the  time  of  the  first  election  of  delegates  under 
this  constitution,  shall  vote  for  one  senator;  and  the  sherifl^s  or  other 
officers  holding  the  election  for  each  county,  city  or  town,  within 


13 

five  days  after  the  election,  shall  meet  at  the  courthouse  of  the  county, 
city  or  town  first  named  in  the  district,  and  from  the  polls  so  taken 
in  their  respective  counties,  cities  and  towns,  return  as  senator  the 
person  who  has  received  the  greatest  number  of  votes  in  the  whole 
district.  To  keep  up  this  assembly  by  rotation,  the  districts  shall  be 
divided  into  four  classes,  and  numbered  by  lot.  The  first  class  shall 
consist  of  twelve,  the  second  of  thirteen,  the  third  of  twelve,  and 
the  fourth  of  thirteen.  The  seats  of  the  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  first  year  after  the  com- 
mencement of  their  term  of  office;  of  the  second  cKass,  at  the  expi- 
ration of  the  second  year;  of  the  third  class,  at  the  expiration  of  the 
third  year;  and  of  the  fourth  class,  at  the  expiration  of  the  fourth 
year;  so  that  one  class  may  be  chosen  every  year,  and  the  vacancies 
thereby  occasioned  shall  be  supplied  from  such  class  by  new  election 
in  the  manner  aforesaid.  This  rotation  shall  be  applied  to  each  class 
according  to  its  number,  and  continued  in  due  order  annually. 

4.  For  the  election  of  senators,  the  districts  shall  remain  as  now 
arranged  until  representation  in  the  two  houses  shall  be  reapportioned 
in  the  manner  provided  in  the  constitution. 

Airport ionment  of  representation. 

0.  It  shall  be  the  duty  of  the  general  assembly,  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  in  every  tenth  year  there- 
after, in  case  it  can  agree  upon  a  principle  of  representation,  to  re- 
apportion representation  in  the  senate  and  house  of  delegates  in  ac- 
cordance therewith  ;  and  in  the  event  the  general  assembly,  at  the 
first  or  any  subsequent  period  of  reapportionment,  shall  fail  to  agree 
upon  a  principle  of  representation  and  to  reapportion  representation 
in  accordance  therewith,  each  house  shall  separately  propose  a  scheme 
of  representation,  containing  a  principle  or  rule  for  the  house  of  dele- 
gates, in  connection  with  a  principle  or  rule  for  the  senate.  And  it 
shall  be  the  duty  of  the  general  assembly,  at  the  same  session  to  cer- 
tify to  the  governor  tlie  principles  or  rules  of  representation  which  the 
respective  houses  may  separately  propose,  to  be  applied  in  making  re- 
apportionments in  the  senate  and  in  the  house  of  delegates ;  and  the 
governor  shall  as  soon  thereafter  as  may  be,  by  proclamation,  make 
known  the  propositions  of  the  respective  houses,  and  require  the 
voters  of  the  commonwealth  to  assemble  at  such  time  as  he  shall 
appoint,  at  their  lawful  places  of  voting,  and  decide  by  their  votes 
between  the  propositions  thus  presented.     In  the  event  the  general 


14 

assembly  shall  fail,  in  the  year  one  thousand  eight  hundred  and  sixty- 
five,  or  in  any  tenth  year  thereafter,  to  make  such  reapportionment 
or  certificate,  the  governor  shall,  immediately  after  the  adjournment 
of  the  general  assembly,  by  proclamation,  require  the  voters  of  the 
commonwealth  to  assemble,  at  such  time  as  he  shall  appoint,  at  their 
lawful  places  of  voting,  and  to  declare  by  their  votes : 

First,  whether  representation  in  the  senate  and  house  of  delegates 
shall  be  apportioned  on  the  "  suffrage  basis ;"  that  is,  according  to 
the  number  of  votes  in  the  several  counties,  cities,  towns  and  sena- 
torial districts  of  the  commonwealth: 

Or,  second,  whether  representation  in  both  houses  shall  be  appor- 
tioned on  the  "  mixed  basis ;"  that  is,  according  to  the  number  of 
white  inhabitants  contained,  and  the  amount  of  all  state  taxes  paid, 
in  the  several  counties,  cities  and  towns  of  the  commonwealth,  de- 
ducting therefrom  all  taxes  paid  on  license  and  law  process,  and  any 
capitation  tax  on  free  negroes,  allowing  one  delegate  for  every  seven- 
ty-sixth part  of  said  inhabitants,  and  one  delegate  for  every  seventy- 
sixth  part  of  said  taxes,  and  distributing  the  senators  in  like  manner  : 

Or,  third,  whether  representation  shall  be  apportioned  in  the  senate 
on  taxation ;  that  is,  according  to  the  amount  of  all  state  taxes  paid 
in  the  several  counties,  cities  and  towns  of  the  commonwealth,  de- 
ducting therefrom  all  taxes  paid  on  license  and  law  process,  and  any 
capitation  tax  on  free  negroes,  and  in  the  house  of  delegates  on  the 
"  suffrage  basis,"  as  aforesaid  : 

Or,  fourth,  whether  representation  shall  be  apportioned  in  the  se- 
nate on  the  "  mixed  basis,"  as  aforesaid,  and  in  the  house  of  delegates 
on  the  "  suffrage  basis,"  as  aforesaid ;  and  each  voter  shall  cast  his 
vote  in  favor  of  one  of  said  schemes  of  apportionment,  and  no  more. 

6.  It  shall  be  the  duty  of  the  sheriffs  and  other  officers  taking  said 
polls  to  keep  the  same  open  for  a  period  of  three  days,  and  within 
five  days  after  they  are  closed  to  certify  true  copies  thereof  to  the 
governor,  who  shall,  as  early  as  may  be,  ascertain  the  result  of  said 
vote,  and  make  proclamation  thereof;  and  in  case  it  is  ascertained 
that  a  majority  of  all  the  votes  cast  is  in  favor  of  either  of  the  prin- 
ciples of  representation,  referred  as  aforesaid  to  the  choice  of  the 
voters,  the  governor  shall  communicate  the  result  of  such  vote  to  the 
general  assembly  at  its  first  regular  session  thereafter ;  but  in  case  it 


15 

is  ascertained  that  a  majority  of  all  the  votes  cast  is  not  in  favor  of 
either  of  the  principles  of  representation,  referred  as  aforesaid  to  the 
choice  of  the  voters,  it  shall  be  the  duty  of  the  governor,  as  soon  as 
may  be,  after  ascertaining  the  fact,  in  like  manner  to  cause  the  voters 
to  decide  between  the  two  principles  of  representation  which  shall 
at  such  previous  voting  have  received  the  greatest  number  of  votes ; 
and  he  shall  ascertain  and  make  proclamation  of  the  result  of  the 
said  last  vote,  and  communicate  the  same  to  the  general  assembly  at 
its  next  regular  session ;  and,  in  either  case,  the  general  assembly,  at 
the  regular  session  thereof,  which  shall  be  held  next  after  the  taking 
of  the  vote,  the  result  of  which  shall  have  been  so  communicated  to 
it  by  the  governor,  shall  reapportion  representation  in  the  two  houses 
respectively,  in  accordance  witli  the  principles  of  representation  in 
each,  for  which  a  majority  of  the  votes  cast  were  given ;  and  it  shall 
be  the  duty  of  the  general  assembly,  in  ever)'-  tenth  year  thereafter, 
to  reapportion  and  distribute  the  number  of  senators  and  delegates  in 
accordance  with  the  same  principle. 

Qnallfication  of  senators  and  delegates. 

7.  Any  person  may  be  elected  senator,  who,  at  the  time  of  elec- 
tion, has  attained  the  age  of  twenty-live  years,  and  is  actually  a  resi- 
dent within  the  district,  and  qualified  to  vote  for  members  of  the 
general  assembly,  according  to  this  constitution  ;  and  any  person  may 
be  elected  a  member  of  the  house  of  delegates,  who,  at  the  time  of 
election,  has  attained  the  age  of  twenty-one  years,  and  is  actually  a 
resident  withiu  the  county,  city,  town,  or  election  district,  qualified 
to  vote  for  members  of  the  general  assembly,  according  to  this  consti- 
tution ;  but  no  person  holding  a  lucrative  office,  no  minister  of  the 
gospel  or  priest  of  any  religious  denomination,  no  salaried  officer  of 
any  banking  corporation  or  company,  shall  be  capable  of  being  elected 
a  member  of  either  house  of  assembly.  The  removal  of  any  person 
elected  to  either  branch  of  tlie  general  assembly  from  the  county, 
city,  town  or  district  for  which  he  was  elected,  shall  vacate  his  office. 

Powers  and  duties  of  the  general  assembly. 

8.  The  general  assembly  shall  meet  once  in  every  year,  and  not 
oftener,  unless  convened  by  the  governor  in  the  manner  prescribed 
by  the  constitution.  Neither  house,  during  the  session  of  the  general 
assembly  shall,  without  the  consent  of  the  other,  adjourn  for  more 
than  three  days,  nor  to  any  other  place  than  that  in  which  the  two 


16 

houses  shall  be  sitting.  A  majority  of  each  house  shall  constitute  a 
quorum  to  do  business ;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  shall  be  authorized  to  compel  the  attendance  of  absent 
members  in  such  manner  and  under  such  penalties  as  each  house 
may  provide. 

9.  The  house  of  delegates  shall  choose  its  own  speaker,  and  in  the 
absence  of  the  lieutenant  governor,  or  when  he  shall  exercise  the 
office  of  governor,  the  senate  shall  choose  from  their  own  body  a 
president  pro  tempore;  and  each  house  sliall  appoint  its  own  officers, 
settle  its  own  rules  of  proceeding,  and  direct  writs  of  election  for 
supplying  intennediate  vacancies ;  but  if  vacancies  shall  occur  during 
the  recess  of  the  general  assembly,  such  writs  may  be  issued  by  the 
governor  under  such  regulations  as  may  be  prescribed  by  law.  Each 
house  shall  judge  of  the  election,  qualification  and  returns  of  its 
members,  may  punish  them  for  disorderly  behavior,  and  with  the 
concurrence  of  two-thirds,  expel  a  member,  but  not  a  second  time 
for  the  same  offence. 

10.  The  members  of  the  assembly  shall  receive  for  their  services 
a  compensation,  to  be  ascertained  by  law,  and  paid  out  of  the  public 
treasury ;  but  no  act  increasing  such  compensation  shall  take  effect 
until  after  the  end  of  the  term  for  which  the  members  of  the  house 
of  delegates  voting  tliereou  were  elected  ;  and  no  senator  or  delegate, 
during  the  term  for  which  he  shall  have  been  elected,  shall  be  ap- 
pointed to  any  civil  office  of  profit  under  the  commonwealth,  which 
has  been  created,  or  the  emoluments  of  which  have  been  increased, 
during  such  term,  except  offices  filled  by  elections  by  the  people. 

11.  Bills  and  resolutions  may  originate  in  either  of  the  two  houses 
of  the  general  assembly,  to  be  approved  or  rejected  by  the  other,  and 
may  be  amended  by  either  house,  with  the  consent  of  the  other. 

12.  Each  house  of  the  general  assembly  shall  keep  a  journal  of 
its  proceedings,  which  shall  be  published  from  time  to  time,  and  the 
yeas  and  nays  of  the  members  of  either  house,  on  any  question,  shall, 
at  the  desire  of  one-fifth  of  those  present,  be  entered  on  the  journal. 
No  bill  shall  become  a  law  until  it  has  been  read  on  three  different 
(iays  of  the  session  in  the  house  in  which  it  originated,  unless  two- 
thirds  of  the  members  elected  to  that  house  shall  otherwise  deter- 
mine. 


17 

13.  The  whole  number  of  members  to  which  the  state  may  at  any 
thne  be  entitled  in  the  house  of  representatives  of  the  Confederate 
States,  shall  be  apportioned  as  nearly  as  may  be  amongst  the  several 
counties,  cities  and  towns  of  the  state,  according  to  their  respective 
numbers ;  which  shall  be  determined  by  adding  to  the  whole  number 
of  free  persons,  including  those  bound  to  service  for  a  term  of  years, 
and  excluding  Indians  not  taxed,  three-fifths  of  all  othor  persons. 

14.  In  the  apportionment,  the  state  shall  be  divided  into  districts, 
corresponding  in  number  with  the  representatives  t.>  which  it  may 
be  entitled  in  the  house  of  representatives  of  the  congress  of  the 
Confederate  States,  which  shall  be  formed  respectively  of  contiguous 
counties,  cities  and  towns,  be  compact,  and  include,  as  nearly  as  may 
be,  an  equal  number  of  the  population,  upon  which  is  based  repre- 
sentation in  the  house  of  representatives  of  the  Confederate  States. 

15,.  The  privik^ge  of  the  writ  of  habeas  corpus  shall  not  in  any  case 
be  suspended.  The  general  assembly  shall  not  pass  any  bill  of  at- 
tainder ;  or  any  ex  post  facto  law ;  or  any  law  impairing  the  obliga- 
tion of  contracts  ;  or  any  law  whereby  private  proper! }'■  shall  be 
taken  for  public  uses  without  just  compensation  ;  or  any  law  abridg- 
ing the  freedom  of  speech  or  of  the  press.  No  man  shall  be  com- 
'  polled  to  frequent  or  support  any  religious  worship,  place,  or  ministry 
whatsoever ;  nor  shall  any  man  be  enlbrced,  restrained,  molested,  or 
burthened  in  his  body  or  goods,  or  otherwise  sufter  on  account  of  his 
religious  opinions  orluelicf;  but  all  men  shall  be  free  to  profess,  and 
by  argument  to  maintain  their  opinions  in  matters  of  religion,  and 
the  same  shall  in  nowise  affect,  diminish  or  enlarge  their  civil  capa- 
cities ;  and  the  general  assembly  shall  not  prescribe  any  religious  test 
whatever;  or  confer  any  peculiar  privileges  or  ad\^antages  on  any 
sect  or  denomination,  or  pass  any  law  requiring  or  authorizing  any 
religious  society,  or  the  people  of  any  district  within  this  common- 
wealth, to  levy  on  themselves  or  others  any  tax  for  the  erection  or 
repair  of  any  house  for  public  worship  or  for  the  support  of  any 
church  or  ministry  ;  but  it  shall  be  left  free  to  every  person  to  select 
liis  religious  instructor,  and  to  make  for  his  suppcJrt  such  private  con- 
tract as  he  shall  please. 

IG.  Every  law,  or  resolution  having  the  force  of  law,  shall  relate 
to  but  one  subject,  which  shall  be  expressed  in  the  title. 

17.   The  general  assembly  may  pri>vidc  that  no  person  shall  be 
3 


18 

capcable  of  holding,  or  being  elected  to  any  post  of  profit,  trust  or 
emolument,  civil  or  military,  legislative,  executive  or  judicial,  under 
the  government  of  this  commonwealth,  who  shall  hereafter  fight  a 
duel,  or  send  or  accept  a  challenge  to  fight  a  duel,  the  probable  issue 
of  which  may  be  the  death  of  the  challenger  or  challenged,  or  who 
shall  be  second  to  cither  party,  or  shall  in  any  manner  aid  or  assist 
in  such  duel,  or  shall  be  knowingly  the  bearer  of  such  challenge  or 
acceptance ;  but  no  person  shall  be  so  disqualified  b}'"  reason  of  his 
having  heretofore  fought  such  duel,  or  sent  or  accepted  such  chal- 
lenge, or  been  second  in  such  duel,  or  bearer  of  such  challenge  or 
acceptance. 

18.  The  governor,  lieutenant  governor,  judges  and  all  others 
offending  against  the  state,  by  maladministration,  corruption,  ne- 
glect of  duty,  or  other  high  crime  or  misdemeanor,  shall  be  im- 
peachable by  the  house  of  delegates,  and  be  prosecuted  before  the 
senate,  which  sliall  have  the  sole  power  to  try  impeachments. 
When  sitting  for  that  purpose  they  shall  be  on  oath  or  affirmation  ; 
and  no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present.  •  Judgment,  in  cases  of  impeachment 
shall  not  extend  further  than  to  removal  from  office,  and  disqualifica- 
tion to  hold  and  enjoy  any  office  of  honor,  trust  or  profit  under  the 
commonwealth;  but  the  party  convicted  shall  nevertheless  be  sub- 
ject to  indictment,  trial,  judgment  and  punishment  according  to  law. 
Tlie  senate  may  sit  during  the  recess  of  the  general  assembly  for  the 
trial  of  impeachments  and  the  consideration  of  executive  business. 

Slaves  and  free  negroes, 

19.  Slaves  hereafter  emancipated  shall  forfeit  their  freedom  by 
remaining  in  the  I'iommonwealth  more  than  twelve  months  after  they 
become  actually  free,  and  it  shall  be  the  duty  of  the  general  assembly 
to  prescribe  proper  regulations  for  reducing  such  negroes  to  slavery. 

20.  The  general  assembly  may  prohibit  the  future  emancipation 
of  slaves,  impose  such  restrictions  and  conditions  as  they  shall  deem 
proper  on  the  power  of  slave  owners  to  emancipate  their  slaves,  and 
may  pass  laws  for  the  relief  of  the  commonwealth  from  the  free 
negro  population,  by  removal  or  otherwise. 

21.  The  general  assembly  shall  not  emancipate  any  slave,  or 
the  descendant  of  any  slave,  either  before  or  after  the  birth  of  such 
descendant* 


1^ 

Taxation  and  finance. 

■22.  Taxation  shall  be  equal  and  uniform  througliout  the  common- 
wealth, and  all  property  shall  be  taxed  in  proportion  to  its  value, 
which  shall  be  ascertained  in  such  maimer  as  may  be  prescribed  by 
law  ;  but  any  property  may  be  exempted  from  taxation  by  the  vote 
of  a  majority  of  the  whole  number  of  members  elected  to  each 
house  of  the  general  assembly. 

23.  A  capitation  tax,  equal  to  the  tax  assessed  on  land  of  the 
value  of  two  hundred  dollars,  shall  be  levied  on  every  white  male 
inhabitant  who  has  attaineil  the  age  of  twenty-one  years ;  but  no- 
thing heroin  contained  shall  prevent  exemptions  of  taxable  polls  in 
cases  of  bodily  infirmity. 

24.  The  general  assembly  may  levy  a  tax  on  incomes,  salaries  and 
licenses  ;  but  no  tax  shall  be  levied  on  property  from  which  any  in- 
come so  taxed  is  derived,  or  on  the  capital  invested  in  the  trade  or 

business  in  respect  to  which  the  license  so  taxed  is  issued. 

j> 

25.  No  money  shall  be  drawn  from  the  treasury  but  in  pursuance 
of  appropriations  made  by  law  ;  and  a  statement  of  the  receipts,  dis- 
bursements, appropriations  and  loans  shall  be  published  after  the  ad- 
journment of  each  session  of  the  general  assembly,  with  the  acts 
and  resolutions  thereof. 

26.  On  the  passage  of  every  act  which  imposes,  continues  or  re- 
vives a  tax,  or  creates  a  debt  or  charge,  or  makes,  continues  or  re- 
vives au}^  appropriation  of  public  or  trust  money  or  property,  or  re- 
leases, discharges  or  commutes  any  claim  or  demand  of  the  state,  the 
vote  shall  be  determined  b}?^  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  and  against  the  same,  shall  be  entered  on  the  jour- 
nals of  the  respective  houses,  and  a  majority  of  all  the  members 
elected  to  each  house  shall  be  necessary  to  give  it  the  force  of  a  law. 

27.  The  liability  to  the  state  of  any  incorporated  company  or  in- 
stitution, to  redeem  the  principal  and  pay  the  interest  of  any  loan 
heretofore  made,  or  which  may  hereafter  be  made  by  the  state  to 
such  compawy  or  institution,  shall  not  be  released  ;  and  the  general 
assembly  shall  not  pledge  the  faith  of  the  state,  or  bind  it  in  any 
form,  for  the  debts  or  obligations  of  any  company  or  corporation. 

2S.  There  shall  be  set  apart  annually,  from  the  accruing  revenues, 


a  sum  equal  to  seven  per  cent,  of  the  state  del3t  existing  on  the  first 
day  of  Januar}^  in  the  year  one  thousand  eight  hundi-ed  and  fifty- 
two.  The  fund  thus  set  apart  shall  be  called  the  sinking  fund,  and 
shall  be  applied  to  the  payment  of  the  interest  of  the  state  debt,  and 
the  principal  of  sucli  part  as  may  be  redeemable.  If  no  part  be  re- 
deemable then  the  residue  of  the  sinking  fund,  after  the  payment  of 
such  interest,  shall  be  invested  in  the  bonds  or  certificates  of  debt  of 
this  commonwealth,  or  of  the  Confederate  States,  or  of  some  of  the 
states  of  this  Confederacy,  and  applied  to  the  pa3'ment  of  the  state 
debt,  as  it  shall  become  redeemable.  Whenever,  after  the  said  first 
day  of  January,  a  debt  shall  have  been  or  shall  be  contracted  by  the 
commonwealth,  there  shall  be  set  apart  in  like  mamier,  annually,  for 
thirty-four  years,  a  sum  exceeding  by  one  per  cent,  the  aggregate 
amount  of  the  annual  interest  agreed  to  be  paid  thereon  at  the  time 
of  its  contraction ;  which  sum  shall  be  part  of  the  sinking  fund,  and 
shall  be  applied  in  the  manner  before  directed.  The  general  assem- 
bly shall  not  otherwise  appropriate  any  part  of  the  sinking  fund  or 
its  accruing  interest,  except  in  time  of  war,  insurrection  or  invasion. 

29.  The  general  assembly  niay,  at  any  time,  direct  a  sale  of  the 
stocks  held  by  the  commonwealth  in  internal  improvement  and  other 
companies;  but  the  proceeds  of  such  sale,  if  made  before  the  pay- 
ment of  the  public  debt,  shall  constitute  a  part  of  the  sinking  fund, 
and  be  applied  in  like  manner. 

30.  The  general  assembly  shall  not  contract  loans  or  cause  to  be 
issued  certificates  of  debt  or  bonds  of  the  state,  irredeemable  for  a 
period  greater  than  thirty-four  years. 

General  pro  visions. 

31.  The  general  assembly  shall  not  grant  a  charter  of  incoi*pora- 
tion  to  any  church  or  religious  denomination,  but  may  secure  the 
title  to  church  property  to  an  extent  to  be  limited  by  law. 

32.  No  letter}^  shall  hereafter  be  authorized  by  law;  and  the  buy- 
ing, selling  or  transferring  of  tickets  or  chances  in  any  lottery  not 
now  authorized  by  a  law  of  this  state  shall  be  prohibited. 

33.  No  new  county  shall  be  formed  with  an  area  less  than  six 
hundred  square  miles;  nor  shall  the  county  or  counties  from  which 
it  is  formed  be  reduced  below  that  area;  nor  shall  any  county,  hav- 
ing a  white  population  less  than  five  thousand,  be  deprived  of  more 


21 

than  one-fifth  of  such  population;  nor  shall  a  county  having  a  larger 
white  population  be  reduced  below  four  thousand. 

34.  The  general  assembly  shall  confer  on  the  courts  the  power  to 
grant  divorces,  change  the  names  of  persons,  and  direct  the  sale  of 
estates  belonging  to  infants  and  other  persons  under  legal  disabilities, 
but  shall  not,  by  special  legislation,  grant  relief  in  such  cases,  or  in 
an}'  other  case  of  which  the  courts  or  other  tribunals  may  have 
jurisdiction. 

35.  The  general  assembly  shall  provide  for  the  periodical  registra- 
tion in  the  several  counties,  cities  and  towns  of  the  voters  therein ; 
and  for  the  annual  registration  of  the  births,  marriages  and  deaths  in 
the  whife  population,  and  of  the  births  and  deaths  in  the  colored 
population  of  the  same,  distinguishing  between  the  number  of  the 
free  colored  persons  and  slaves. 

3G.  The  manner  of  conducting  and  making  returns  of  elections, 
of  determining  contested  elections,  and  of  filling  vacancies  in  office, 
in  cases  not  specially  provided  for  by  this  constitution,  shall  be  pre- 
scribed by  law.  And  the  general  assembly  may  declare  the  cases  in 
which  any  office  shall  be  deemed  vacant,  where  no  provision  is  made 
for  that  purpose  in  this  constitution. 

37.  It  shall  be  the  duty  of  the  general  assembly  to  provide  by 
law  adequate  protection  against  all  infractions  of  the  rights  guaran- 
teed to  the  citizens  of  this  commonwealth  by  the  seventh,  eighth  and 
tenth  sections  of  the  bill  of  rights  of  Virginia,  and  by  the  fourteenth, 
fifteenth,  sixteenth  and  seventeenth  clauses  of  the  ninth  section  of 
the  first  article  of  the  constitution  of  the  Confederate  States. 

ARTICLE  V. 

EXECUTIVE    DEPARTMENT. 

Govcjiior. 

1 .  The  chief  executive  power  of  this  commonwealth  shall  be  vested 
in  a  governor.  He  shall  hold  the  office  for  a  term  of  four  years,  to 
commence  on  the  first  day  of  January  next  succeeding  his  election, 
and  be  ineligible  to  the  same  office  for  the  term  next  succeeding  that 
for  which  he  was  elected,  and  to  any  other  office  during  his  term  of 
service. 


22 

2.  The  governor  shall  he  elected  by  the  voters,  at  the  times  and 
places  of  choosing  members  of  the  general  assembly.  Returns  of 
the  election  shall  be  transmitted,  under  seal,  by  the  proper  officers  to 
the  secretary  of  the  commonvi^ealth,  who  shall  deliver  them  to  the 
speaker  of  the  house  of  delegates  on  the  first  day  of  the  next  session 
of  the  general  assembly.  The  speaker  of  the  house  of  delegates 
shall,  within  one  week  thereafter,  in  the  presence  of  a  majority  of 
the  senate  and  house  of  delegates,  open  the  said  returns,  and  the 
votes  shall  then  be  counted.-  The  person  having  the  highest  number 
of  votes  shall  be  declared  elected,  if  such  number  be  a  majority  of 
the  whole  number  of  votes  cast ;  and  if  no  person  have  such  majority, 
then  from  the  persons  having  the  highest  number  of  votes,  not  ex- 
ceeding three,  the  general  assembly  shall  by  a  joint  vote  of  the  two 
houses  elect  the  governor.  Contested  elections  for  governor  shall  be 
decided  by  a  like  vote,  and  the  mode  of  proceeding  in  such  cases 
shall  be  prescribed  by  law. 

3.  No  person  shall  be  eligible  to  the  office  of  governor  unless  he 
has  attained  the  age  of  thirty  years,  is  a  native  citizen  of  one  of  the 
Confederate  States,  and  has  been  a  citizen  of  Virginia  for  five  years 
next  preceding  the  election. 

4.  The  governor  shall  reside  at  the  seat  of  government;  shall  re- 
ceive five  thousand  dollars  for  each  year  of  his  service,  and,  while  in 
office,  shall  receive  no  other  emolument  from  this  or  any  other  go- 
vernment. 

5.  He  shall  take  care  that  the  laws  be  faithfully  executed ;  com- 
municate to  the  general  assembly  at  every  session  the  condition  of 
the  commonwealth  ;  recommend  to  their  consideration  such  measures 
as  he  may  deem  expedient ;  and  convene  the  general  assembly  on  ap- 
plication of  a  majority  of  the  members  of  both  houses  thereof,  or 
when  in  his  opinion  the  interest  of  the  conmionwealth  may  require 
it.  He  shall  be  commander-in-chief  of  tlie  land  and  naval  forces  of 
the  state ;  have  power  to  embody  the  militia  to  repel  invasion,  sup- 
press insurrection,  and  enforce  the  execution  of  the  laws;  conduct 
either  in  person  or  in  such  other  manner  as  shall  be  prescribed  by 
law,  all  intercourse  with  other  and  foreign  states ;  and  during  the  re- 
cess of  the  general  assembly  fill,  pro  tempore,  all  vacancies  in  those 
offices  for  which  the  constitution  and  laws  make  no  provision ;  but 
his  appointments  to  such  vacancies  shall  be  by  commissions  to  ex- 
pire at  the  end  of  thirty  days  after  the  commencement  of  the  next 


23 

session  of  the  general  assembly.  He  shall  have  power  to  remit  fines 
and  penalties  in  such  cases  and  under  such  rules  and  regulations  as 
may  be  prescribed  by  law;  and  except  when  the  prosecution  has 
been  carried  on  by  the  house  of  delegates,  or  the  law  shall  otherwise 
particularly  direct,  to  grant  reprieves  and  pardons  after  conviction, 
and  to  commute  capital  punishment;  but  he  shall  commimicate  to 
the  general  asscndjly,  at  each  session,  the  particulars  of  every  case 
of  fine  or  penalty  remitted,  of  reprieve  or  pardon  granted,  and  of 
punishment  commuted,  with  his  reasons  for  remitting,  granting,  or 
commuting  the  same. 

6.  He  may  require  information  in  writing  from  the  officers  in  the 
executive  departments  upon  any  subject  relating  to  the  duties  of 
their  respective  offices;  and  may  also  require  the  opinion,  in  writing, 
of  the  attorney  general  upon  any  question  of  law  connected  with  his 
official  duties. 

7.  Commissions  and  grants  shall  run  in  the  name  of  the  common- 
wealth of  Virginia,  and  be  attested  by  the  governor,  with  the  seal  of 
the  commonwealth  annexed. 

Lieutenant  govenwj: 

S.  A  lieutenant  governor  shall  be  elected  at  the  same  time,  and  for 
the  same  term  as  the  governor,  and  his  qualification  and  the  manner 
of  his  election  in  all  respects  shall  be  the  same. 

9.  In  case  of  the  removal  of  the  governor  from  office,  or  of  his 
death,  failure  to  qualify,  resignation,  removal  from  the  state,  or  ina- 
bility to  discharge  the  powers  and  duties  of  the  office,  the  said  office, 
with  its  compensation,  shall  devolve  upon  the  lieutenant  governor ; 
and  the  general  assembly  shall  provide  by  law  for  the  discharge  of 
the  executive  functions  in  other  necessary  cases. 

10.  The  lieutenant  governor  shall  be  president  of  the  senate,  but 
shall  have  no  vote ;  and,  while  acting  as  such,  shall  receive  a  com- 
pensation equal  to  that  allowed  to  the  speaker  of  the  house  of  dele- 
gates. 

Sccretarij  of  the  commonwealth,  treasurer  and  auditor. 

11.  A  secretary  of  the  commonwealth,  treasurer  and  an  auditor  of 
public  accounts,  shall  be  elected  by  the  joint  vote  of  the  two  houses 
of  the  general  assembly,  and  continue  in  office  for  the  term  of  two 
years,  unless  sooner  removed. 


24 

12.  The  secretary  sliall  keep  a  record  of  the  official  acts  of  the 
o-overnor,  which  shall  be  signed  by  the  governor  and  attested  by  the 
secretary;  and,  when  required,  he  shall  loy  the  same  and  any  papers, 
minutes  and  vouchers  pertaining  to  his  office,  before  either  house  of 
the  general  assembly ;  and  shall  perform  such  other  duties  as  may  be 
prescribed  by  law. 

13.  The  powers  and  duties  of  the  treasurer  and  auditor  shall  be 
such  as  now  are,  or  may  be  hereafter  prescribed  by  law. 

Board  of  public  loorJcs. 

14.  The  general  assembly  shall  organize  a  board  of  public  works, 
to  continue  so  long  as  may  be  necessary,  and  with  such  powers  as 
may  be  conferred  by  law. 

Militia. 

15.  The  manner  of  appointing  militia  officers  shall  be  prescribed 
by  law. 

ARTICLE  VI. 

1.  The  judicial  power  shall  be  vested  in  the  courts  of  appeal,  in 
the  circuit  courts,  and  the  judges  thereof,  in  the  county  and  corpo- 
ration courts,  in  the  justices  of  the  peace,  and  in  the  magistrates  who 
may  belong  to  corporate  bodies.  The  general  assembly  may  also 
constitute  special  courts  of  appeal,  to  consist  of  not  less  than  three 
nor  more  than  five  judges,  constituted  of  the  judges  of  the  courts  of 
appeal  and  of  the  circuit  courts,  or  any  of  them,  to  try  any  cases  that 
may  be  on  the  docket  of  either  of  the  courts  of  appeal,  in  respect  to 
which  a  majority  of  the  judges  of  either  court  may  be  so  situated  as 
to  make  it  improper  for  them  to  sit  on  the  hearing  thereof,  and  also 
to  try  any  cases  on  the  said  dockets  which  cannot  otherwise  be  dis- 
posed of  with  convenient  dispatch.    * 

2.  The  jurisdiction  of  these  tribunals,  of  the  judges  and  justices 
thereof,  and  of  the  magistrates  of  tlie  corporate  bodies,  shall  be  re- 
gulated by  law ;  except  that  the  courts  of  appeal  shall  have  appel- 
late jurisdiction  only,  unless  in  cases  of  habeas  corpm,  mandaimis  and 
prohibition.  They  shall  not  have  jurisdiction  in  civil  cases  where 
the  matter  in  controversy,  exclusive  of  costs,  is  less  than  one  hun- 
dred dollars,  except  in  controversies  concerning  the  title  or  bounda- 
ries of  land,  the  probat  of  a  will,  the  appointment  or  qualification  of 


^  25 

a  personal  representative,  guardian,  committee  or  curator ;  or  con- 
cerning a  mill,  road,  way,  ferry  or  landing,  or  the  right  of  a  corpora- 
tion or  of  a  county  to  levy  tolls  and  taxes,  or  in  cases  involving  free- 
dom or  the  constitutionality  of  a  law. 

3.  There  shall  be  two  courts  of  appeal,  to  consist  of  three  judges 
each,  any  two  of  whom  shall  make  a  quorum ;  one  of  these  shall  be 
a  court  of  equity,  the  other  a  court  of  law. 

4.  The  state  shall  be  divided  into  not  less  than  twenty-one  judi- 
cial circuits,  which  shall  remain  as  now  established  until  altered  by 
the  general  assembly.  For  each  circuit  a  judge  shall  be  appointed, 
who,  during  his  continuance  in  office,  shall  reside  in  the  circuit  of 
which  he  is  judge,  and  hold  a  court  at  least  twice  a  year  in  every 
county  and  corporation  thereof  wherein  a  circuit  court  is  established, 
but  a  judge  of  one  circuit  may  hold  a  court  in  any  other  circuit. 
The  number  of  circuits  shall  not  be  increased  unless  by  the  concur- 
rent vote  of  a  majority  of  all  the  members  elected  to  each  house  of 
the  general  assembly  ;  and  with  the  concurrence  of  a  majority  of  the 
members  elected  to  each  house,  provision  may  be  made  for  more  than 
one  judge  in  a  city  or  town. 

5.  The  judges  of  the  courts  of  appeal  and  of  the  circuit  courts 
Bhall  be  appointed  by  joint  vote  of  the  two  houses  of  the  general 
assembly,  connnissioned  by  the  governor,  and  shall  hold  their  offices 
during  good  behavior,  or  until  they  attain  the  age  of  seventy  years, 
or  until  removed  in  the  manner  prescribed  in  this  constitution ;  and 
shall,  at- the  same  time,  hold  no  other  office,  appointment,  or  public 
trust ;  and  the  acceptance  thereof  by  either  of  them  shall  vacate  his 
judicial  office. 

G.  The  judges  shall  receive  fixed  and  adequate  salaries,  which 
shall  not  be  diminished  during  their  continuance  in  office.  The  sala- 
ries of  the  judges  of  the  courts  of  a[)peal  shall  not  be  less  than  three 
thousand  dollars  each,  and  that  of  a  judge  of  the  circuit  court  not 
less  than  two  thousand  dollars  per  annum,  except  the  salary  of  the 
judge  of  the  fifth  circuit,  which  shall  not  be  less  than  fifteen  hundred 
dollars  per  annum  ;  and  each  shall  have  a  reasonable  allowance  for 
necessary  travel. 

7.    The  judges  may  be  removed  from  office  by  a  concurrent  vote 
of  both  houses  of  the  general  assembly,  but  a  majority  of  all  the 
4 


26 

members  elected  to  each  house  must  concur  in  such  vote ;  and  the 
cause  of  removal  shall  be  entered  on  the  journal  of  each  house. 
The  judge  against  whom  the  general  assembly  may  be  about  to  pro- 
ceed, shall  receive  notice  thereof,  in  such  manner  as  may  be  pre- 
scribed by  law,  accompanied  by  a  copy  of  the  causes  alleged  for  his 
removal,  at  least  twenty  days  befbre  the  day  on  which  either  house 
of  the  general  assembly  shall  act  thereon. 

8.  There  shall  be  a  county  court  in  each  county  of  the  common- 
wealth, which  shall  be  lield  monthly,  by  three  justices  of  the  peace, 
except  when  the  law  shall  require  the  presence  of  a  greater  number. 

9.  Each  count}'"  shall  be  laid  off  into  districts  as  nearly  equal  as 
may  be  in  territory  and  population.  In  each  district  four  justices  of 
the  peace  shall  be  chosen  by  the  qualified  voters  thereof,  who  shall 
be  commissioned  by  the  governor,  reside  in  their  respective  districts, 
and  be  at  the  time  of  their  election  qualified  voters  of  the  common- 
wealth, and  hold  their  offices  for  the  term  of  twelve-  years.  At  the 
first  court  after  the  election  and  qualification  of  the  justices,  under 
this  constitution,  or  as  soon  thereafter  as  may  be,  they  shall  be  di- 
vided into  four  classes ;  each  class  to  consist  of  one  justice  from 
each  district,  to  be  numbered  by  lot.  The  term  of  service  of  the 
first  class  shall  expire  at  the  end  of  three  years ;  of  the  second  class 
at  the  end  of  six  years ;  of  the  third  class  at  the  end  of  nine  years ; 
and  of  the  fourth  class  at  the  end  of  twelve  years ;  and  this  alterna- 
tion shall  be  continued,  so  that  one  fourth  of  the  justices  may  be 
chosen  every  third  year.  Vacancies  occurring  in  the  office  of  justice 
after  the  first  election,  shall  be  filled  by  the  justices  of  the  county, 
they  having  been  first  summoned  for  the  purpose,  and  a  majority  of 
those  present  shall  be  necessary  to  make  an  election..  The  term  of 
the  justice  so  elected  shall  expire  at  the  end  of  the  term  for  which 
his  predecessor  was  elected*  The  justices  of  each  county  shall  select 
one  of  their  own  body  to  be  the  presiding  justice  of  the  county  court 
of  their^county :  whose  duty  it  shall  be  to  attend  each  term  of  the 
said  court.  The  other  justices  shall  be  classified  by  law  for  the  per- 
formance of  their  duties  in  court. 

10.  The  justices  may  receive  for  their  services  in  court  a  per  diem 
compensation,  to  be  ascertained  by  law,  and  paid  out  of  the  county 
treasury ;  but  they  shall  not  receive  any  fee  or  emolument  for  other 
judicial  services. 


27 

11.  The  power  and  jurisdiction  of  justices  of  the  peace  within 
their  respective  counties  shall  be  prescribed  by  law. 

12.  The  officers  of  the  courts  of  appeal,  and  of  the  special  courts 
of  appeal,  shall  be  appointed  by  the  said  courts  respectively,  or  by 
the  judges  thereof,  in  vacation,  and  their  duties,  compensation  and 
tenure  of  office  shall  be  prescribed  by  law. 

13.  Clerks  and  attorneys  for  the  commonwealth  for  the  circuit 
courts  shall  be  appointed  by  the  circuit  courts,  or  by  tlie  judges 
thereof  respectively,  and  clerks  and  attorneys  for  the  commonwealth 
for  the  county  courts  shall  be  appointed  by  such  courts  respectively, 
for  the  term  of  six  years,  and  their  duties  and  compensation  shall  be 
prescribed  by  law.  They  shall  be  removable  from  office  by  their  re- 
spective courts  ;  but  in  every  case  of  removal  the  cause  thereof  shall 
be  entered  of  record  in  the  court  by  which  the  removal  was  made. 
Vacancies  in  said  offices  shall  be  filled  by  the  courts  respectively  in 
which  they  occur. 

14.  The  attorney  general  shall  be  appointed  by  joint  vote  of  the 
two  houses  of  the  general  assembly,  and  commissioned  by  the  go- 
vernor, and  shall  hold  his  office  during  the  pleasure  of  the  general 
assembly. 

1-5.  Sherifls  shall  be  nominated  b}'  tlie  respective  county  courts, 
and  when  appointed  by  tlie  governor  shall  be  commissioned  by  him, 
and  hold  their  offices  for  two  years,  but  no  person  commissioned  as 
sheriff  for  one  term  shall  be  nominated  for  another  term,  unless,  prior 
to  such  nomination,  he  shall  have  duly  accounted  for  all  public  dues 
that  may  have  come  into  his  hands. 

16.  Coroners,  constables,  surveyors,  commissioners  of  the  revenue, 
and  overseers  of  the  poor,  shall  be  appointed  by  the  county  courts, 
and  the  terms  of  their  offices  shall  be  prescribed  by  the  general  as- 
sembly. 

17.  Justices  of  the  peace,  sheriffs,  attorneys  for  the  common- 
wealth, clerks  of  courts,  and  all  other  county  officers,  shall  be  sub- 
ject to  indictment  for  malfeasance,  misfeasance,  or  neglect  of  official 
duty  ;  and,  upon  conviction  thereof,  their  offices  shall  become  vacant. 

18.  The  general  assembly  shall  provide  for  the  compensation  of 
jurors ;  but  appropriations  for  that  purpose  shall  not  be  made  from 
the  state  treasury  except  in  prosecutio:r^.s  for  felonies  or  misdemeanors. 


»S8 

19.  The  cases  remaining  in  the  district  courts  when  this  constitu- 
tion is  adopted  shall  be  removed  for  trial  into  the  courts  of  appeal. 

20.  Judges  and  all  other  officers,  except  the  commissioners  of  the 
board  of  public  works,  shall  continue  to  discharge  the  duties  of  their 
respective  offices,  after  the  terms  of  their  service  have  expired,  until 
their  successors  a^e  qualified.  The  commissioners  of  the  board  of 
public  works  shall  continue  in  office  until  otherwise  provided  by  the 
general  assembly. 

21.  Writs  shall  run  in  the  name  of  the  commonwealth  of  Virginia, 
and  be  attested  by  the  clerks  of  the  several  courts.  Indictments  shall 
conclude  "  against  the  peace  and  dignity  of  the  commonwealth." 

Coijmrat'wn  courts  and  ojjicers. 

22.  The  general  assembly  may  vest  such  jurisdiction  as  shall  be 
deemed  proper  in  corp^^ration  courts,  and  in  the  magistrates  who  shall 
belong  to  the  corporate  body.  The  mayor,  or  other  chief  magistrate, 
the  aldermen  in  cities  and  towns  having  hustings  courts,  and  mem- 
bers of  the  council  or  other  legislative  body  of  cities  and  incorpo- 
rated towns,  shall  be  elected  by  the  qualified  voters  thereof.  Attor- 
neys for  the  commonwealth,  clerks,  sergeants  and  constables,  shall  be 
appointed  by  the  corporation  courts.  Sheriffs,  if  they  act  as  the 
officers  of  the  corporation  courts,  shall  be  noininated  by  such  courts, 
otherwise  they  shall  be  nominated  by  the  circuit  court  of  the  city  or 
town  in  which  they  act,  and  shall  in  either  case  be  commissioned  by 
the  governor.  All  other  officers  shall  be  chosen  by  the  council  or 
legislative  body.  Clerks  and  attorneys  for  the  commonwealth  of  cor- 
poration courts  shall  hold  office  respectively  for  the  term  of  six  years, 
and  shall  be  removable  from  office  by  their  respective  courts,  but  in 
every  case  of  removal,  the  cause  thereof  shall  be  entered  of  record 
in  the  court  by  which  the  removal  was  made. 

Done  in  convention,  in  the  city  of  Richmond,  on  the  fifth  day  of 
December,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one,  and  in  the  eighty-sixth  year  of  the  commonwealth  of  Vir- 
ginia. 

ROBERT  L.  MONTAGUE, 

Fresidcnt  of  tlie   Convention. 
JOHN  L.  EUBANK, 

Secretary  of  the  Convention. 


29 


SCHEDULE. 


1.  It  shall  be  the  duty  of  the  president  of  this  convention,  imme- 
diately on  its  adjournment,  to  certify  to  the  governor,  a  copy  of  the 
bill  of  rights  and  constitution  adopted,  together  with  this  schedule. 

2.  Upon  the  receipt  of  such  certifi<Hl  copy,  the  governor  shall 
forthwith  announce  the  fact  by  proclamation,  to  be  published  in  such 
newspapers  of  the  state  as  may  be  deemed  requisite  for  general  in- 
formation, and  shall  annex  to  his  proclamation  a  copy  of  the  bill  of 
rights  and  constitution,  together  witli  this  schedule;  which  procla- 
mation, bill  of  rights,  constitution  and  schedule,  shall  be  published 
In  the  manner  iudicated,  for  the  period  of  one  month,  and  twenty 
printed  copies  thereof  shall,  by  the  secretary  of  the  commonwealth, 
be  immediately  transmitted  by  mail  to  the  clerk  of  each  county  and 
corporation  court  in  the  commonwealth,  to  be  by  such  clerk  sub- 
mitted to  the  examination  of  any  person  desiring  the  same. 

3.  The  otBcers  authorized  by  existing  laws  to  conduct  general 
elections,  shall,  at  the  places  appointed  for  holding  the  same,  open 
a  poll  book  on  th-ci  second  Thursday  in  ]\Iarch  1862,  to  be  headed  the 
"  Constitution  as  amended  and  Schedule,"  and  to  contain  two  sepa- 
rate columns,  the  first  column  to  be  headed  "  for  ratifying,"  the 
other  to  be  headed  "for  rejecting."  And  such  officers  keeping  said 
polls  open  for  the  space  of  three  days,  shall  then  and  there  receive 
and  record  in  said  poll  book  the  votes  for  and  against  this  constitu- 
tion and  schedule,  of  all  persons  qualified,  under  the  existing  consti- 
tution, to  exercise  the  right  of  sufirage.  The  said  officers  shall  at 
the  same  time  open  another  poll  book,  headed  "  the  right  of  sufirage," 
containing  two  columns,  one  headed  "  for  the  payment  of  the  reve- 
nue, county  and  corporation  levies  and  poor  rates,  assessed  within 
the  preceding  year,  as  a  qualification  to  vote;"  the  other  headed  "  for 
the  right  of  suffi-age,  without  the  payment  of  the  revenue,  county 
and  corporation  levies  and  poor  rates,  assessed  within  the  preceding 
year,  as  a  qualification  to  vote."  This  poll  book  shall,  in  like  man- 
ner, be  kept  open  for  the  space  of  tlu'ce  days,  and  the  votes  of  all 
persons  qualified  to  vote  for  the  adoption  or  rejection  of  this  amended 
constitution  shall  be  received  and  recorded  for  or  against  said 
qualification. 


30 

4.  The  commissioners  conducting  tlie  election  at  the  several  pre- 
cincts of  each  county  and  corporation,  shall  ascertain  the  number  of 
votes  given  for  each  proposition,  and  certify  the  said  poll  books,  and 
forthwitli  return  the  same  to  the  clerks  of  their  respective  county 
and  corporatioii  courts,  and  within  ten  days  thereafter  the  com- 
missioners superintending  the  election  at  the  courthouse  of  each 
county  or  corporation,  shall  make  out  two  returns  in  the  following 
form  :  "We,  A.  B.  &c.  commissioners  for  holding  an  election  for  the 
adoption  or  rejection  of  the  amended  constitution,  for  the  county  (or 
corporation)  of  ,  do  hereby  certify  that  an  election  was  held 
on  the  da}'  of  ,  for  the  said  county  (or  corporation), 
pursuant  to  law,  and  that  the  following  is  a  statement  of  the  vote  as 
exhibited  by  the  poll  books,  viz :  For  the  adoption  of  the  amended 
constitution  votes,  and  for  the  rejection  of  the  constitution 
votes ;  for  the  qualification  of  the  right  of  suffrage  votes,  and 
against  the  qualification  of  the  right  of  suffrage  votes.  Given 
under  our  hands  this  the  day  of  ,  in  the  year  ;" 
which  returns,  written  in  words  and  not  in  figures,  shall  be  signed 
by  the  commissioners.  One  of  the  said  returns  shall  be  filed  in  the 
clerk's  office  of  the  county  or  corporation,  and  the  other  shall  be 
sent  to  the  governor  of  the  commonwealth,  under  seal. 

5.  The  governor  shall,  without  delay,  make  proclamation  of  the 
result,  stating  therein  the  aggregate  vote  for  and  against  the  amended 
constitution  and  schedule,  and  for  and  against  the  qualification  of 
the  right  of  suffrage,  to  be  published  in  such  newspapers  in  the  state 
as  may  be  deemed  requisite  for  general  information ;  and  if  a  ma- 
jority of  said  votes  be  cast  in  favor  of  the  qualification  of  the  right 
of  suffrage,  then  the  1st  section  of  the  3d  article  shall  read  as  follows: 

"  Qualification  of  voters. 

"  1.  Every  white  male  citizen  of  the  commonwealth  of  the  age  of 
twenty-one  years,  v.-ho  has  been  a  resident  of  the  state  for  two  years, 
and  of  the  county,  city  or  town  where  he  offers  to  vote  for  twelve 
months  next  preceding  an  election,  and  who,  if  assessed  in  such 
county,  city  or  town,  with  part  of  the  revenue  of  the  commonwealth, 
county  or  corporation  levies  or  poor  rates  for  the  year  next  preceding, 
shall  have  actually  paid  the  same,  and  no  other  person,  shall  be 
qualified  to  vote  for  members  of  the  general  assembly  and  all  officers 
elective  by  the  people ;  but  no  person  in  the  military,  naval  or  ma- 
rine service  of  the  Confederate  States,  shall  be  deemed  a  resident  of 


31 

this  state  by  reason  of  being  stationed  therein ;  and  no  person  shall 
haveithe  right-to  vote  who  is  of  unsound  mind,  or  a  pauper,  or  a 
non-^m missioned  officer,  soldier,  seaman  or  marine  in  the  regular 
army  or  navy  of  the  Confederate  States,  or  who  has  been  convicted 
of  bribery  in  an  election,  or  of  any  infamous  offence." 

6.  The  qualified  voters  of  the  commonwealth,  who  may  be  in  the 
military  service  of  the  state,  or  of  the  Confederate  States,  may  vote 
for  the  ratification  or  rejection  of  the  amended  constitution  and  sche- 
dule, and  for  and  against  the  qualification  of  the  right  of  suffi'age, 
at  such  place  or  places  within  their  encampment  or  post  as  the  com- 
mander at  such  encampment  or  post  shall  designate,  whether  the  said 
encampment  or  post  shall  be  within  the  limits  of  this  state  or  not. 
But  if,  on  the  said  day  of  election,  the  condition  of  any  regiment 
made  up  in  whole  or  in  part  of  persons  qualified  to  vote  in  said  elec- 
tion, shall  be  such  as  to  render  it  impossible  for  said  persons  to  vote 
within  the  post  or  encampment  to  which  such  regiment  may  belong, 
such  election,  so  far  as  said  regiment  is  concerned,  may  be  held  on 
any  other  day,  to  be  fixed  by  the  commander  of  such  post  or  encamp- 
me^it,  so  that  the  same  be  not  more  than  ten  days  after  said  day  of 
election.  For  each  place  of  voting  he  shall  appoint  a  superinten- 
dent, three  commissioners  and  as  many  clerks  as  shall  be  necessary, 
who,  after  having  been  first  duly  sworn"  by  him,  shall  perform  the 
duties  required  of,  and  be  liable  to  the  penalties  imposed  upon,  such 
officers  under  the  election  laws  of  this  state.  The  qualified  voters  of 
the  commonwealth,  not  in  the  military  service,  who  may  be  absent 
from  the  counties  or  corporations  of  their  residence,  by  reason  of  the 
presence  of  the  public  enemy,  may  vote  in  any  county  or  corpora- 
tion in  which  they  may  be  on  the  day  of  election. 

7.  The  officers  conducting  the  said  election  shall,  on  the  day  after 
the  election,  or  as  soon  thereafter  as  may  be,  deliver  the  poll  books 
to  their  said  commander,  who  shall  forthwith  forward  the  same  to 
the  governor  of  this  commonwealth,  who  shall  count  the  said  votes 
in  ascertaining  the  result  of  the  said  election  in  the  state. 

8.  The  secretaiy  of  the  commonwealth  shall  cause  to  be  sent  to 
the  clerks  of  each  county  and  corporation  court,  and  to  the  military 
commanders  above  referred  to,  the  poll  books  and  forms  necessary  in 
the. election  hereinvprovided  for — transmitting  the  same,  when  neces- 
sary, by  special  messengers.  The  expenses  incurred  in  providing  said 
poll  l)ooks  and  forms  and  transmitting  the  same,  and  in  procuring 
writers  to  enter  the  names  of  the  voters  therein,  shall  be  defrayed  as 
in  the  case  of  the  election  of  members  to  the  general  assembly. 


32 

9.  The  duties  to  be  performed  by  the  officers  conducting  the  elec- 
tion, the  privilege  of  the  voters,  and  the  penalties  for  reisconducihon 
the  part  of  any  person,  shall  be  the  same  in  all  respects  as  are  pre- 
scribed by  law  in  the  case  of  other  elections. 

10.  All  persons  who  shall  be  in  office  when  this  amended  consti- 
tution is  adopted  shall  continue  in  office  until  the -expiration  of  their 
respective  terras  of  service,  ajid  until  their  successors  are  qualified, 
unless  sooner  removed  pursuant  to  law,  except  that  senators  of  the 
second  class,  according  to  the  classification  made  under  the  present 
constitution,  shall  be  placed  in  the  first  and  second  classes  of  the 
classification  to  be  made  under  the  provisions  of  this  constitution. 
Vacancies  occurring  in  the  office  of  justice  of  the  peace  after  the 
adoption  of  this  constitution,  and  before  any  election  of  justices  is 
held  under  it,  shall  be  filled  in  the  same  manner  as  is  therein  pro- 
vided for  filling  vacancies  occurring  in  said  office  after  the  first 
election. 

11.  The  supreme  court  of  appeals  shall  continue  to  exercise  its 
present  jurisdiction  until  the  courts  of  appeal,  established  by  this 
constitution,  shall  be  organized,  and  the  judges  thereof  who  may  bd 
in  office  at  the  first  session  of  the  general  assembly  under  this  con- 
stitution may  be  assigned  to  the  duties  of  either  of  the  courts  of  ap- 
peal, according  to  the  pleasure  of  the  general  assembly.  All  laws  in 
force  when  this  constitution  is  adopted,  and  not  inconsistent  there- 
with, and  all  rights,  prosecutions,  actions,  claims  and  contracts,  shall 
remain  and  continue  as  if  this  constitution  was  not  adopted. 

12.  The  term  of  service  of  the  delegates  first  elected  to  the  gene- 
ral assembly  under  this  constitution  shall  commence'  at  the  end  of  the 
term  of  service  of  the  delegates  now  elected.  The  first  general  elec'- 
tion  of  delegates  to  the  general  assembly  under  this  constitution  shall 
be  held  on  the  fourth  Thursday  in  May  1863,  unless  otherwise  pro- 
vided by  law. 

Done  in  convention,  in  the  city  of  Richmond,  on  the  sixth  day  of 
December  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
sixty-one,  and  in  the  eighty-sixth  year  of  the  commonvt-'ealtb  of  Vir- 
ginia. 

EGBERT  L.  MONTAGUE, 

President  o/i  the  Convention. 

JOHN  L.  EUBANK, 

Sccrelary  of  the  Convention. 


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